Opinion
A23D0247
03-07-2023
ANTIONE WALKER v. THE STATE.
The Court of Appeals hereby passes the following order:
A jury found Antione Walker guilty of multiple offenses, including kidnapping with bodily injury, and his convictions were affirmed on appeal. See Walker v. State, 306 Ga.App. 16 (701 S.E.2d 523) (2010). Years later, Walker filed a pro se motion, which the trial court construed as a motion to reduce/modify his sentence. The trial court dismissed the motion on January 9, 2023, and Walker filed this discretionary application on February 15, 2023. We lack jurisdiction.
Walker attempted to file the application earlier, but we were unable to accept the filing because it did not include a proper certificate of service. See Court of Appeals Rule 6 (d).
To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). See Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Here, Walker's application was filed 37 days after the order he seeks to appeal.
Because Walker's application for discretionary appeal is untimely, we lack jurisdiction to consider the application, which is hereby DISMISSED.